BOARD DATE: 1November 2011
DOCKET NUMBER: AR20110009708
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 5 (Date of Birth) of her DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 28 September 1990 and 13 February 1991 to show she was born on 11 December 1963.
2. The applicant states it was a typographical error.
3. The applicant provides:
* notification of birth registration
* social security card
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Her enlistment contract shows she was born on 11 December 1962. She enlisted in the Regular Army on 28 January 1987 for a period of 4 years. She completed training and was awarded military occupational specialty 63W (wheel vehicle repairer). On 28 September 1990, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining service obligation.
3. Item 5 of her DD Form 214 for the period ending 28 September 1990 shows she was born on 11 December 1962.
4. She was ordered to active duty on 31 January 1991 and she was released from active duty on 13 February 1991.
5. Item 5 of her DD Form 214 for the period ending 13 February 1991 shows she was born on 11 December 1962.
6. Her DA Form 2A (Personnel Qualification Record) prepared on 20 April 1990 shows she was born on 11 December 1962. However, the following documents show she was born on 11 December 1963:
* DA Form 669 (Educational Development Record)
* DA Forms 428 (Application for Identification Card), dated 8 January 1990 and 1 February 1991
* Standard Form 88 (Report of Medical Examination), dated 14 September 1990
7. In support of her claim, she provides a notification of birth registration which shows she was born on 11 December 1963.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she was born on 11 December 1963 and her notification of birth registration supports this contention. Her Standard Form 88, DA Forms 428, and DA Form 669 also show she was born on 11 December 1963.
2. Based on the foregoing, it would be appropriate to correct item 5 of her DD Forms 214 for the periods ending 28 September 1990 and 13 February 1991 to show her date of birth as 11 December 1963.
BOARD VOTE:
____x____ ___x__ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry from item 5 of her DD Form 214 for the period ending 28 September 1990 and replacing it with the entry "631211" and
b. deleting the entry from item 5 of her DD Form 214 for the period ending 13 February 1991 and replacing it with the entry "631211."
___________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110009708
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ABCMR Record of Proceedings (cont) AR20110009708
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